Amendments to
the High Seas Driftnet Fishing Moratorium Protection Act

(a)

Administration
and enforcement

Section 606 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826g) is amended by inserting before the
first sentence the following:

(a)

In
general

The Secretary and the Secretary of the department in
which the Coast Guard is operating shall enforce this Act, and the Acts to
which this section applies, in accordance with this section. Each such
Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the
personnel services, equipment (including aircraft and vessels), and facilities
of any other Federal agency, and of any State agency, in the performance of
such duties.

The Secretary shall prevent any person from
violating this Act, or any Act to which this section applies, in the same
manner, by the same means, and with the same jurisdiction, powers, and duties
as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and
made a part of and applicable to this Act and each such Act.

(d)

Special
rules

(1)

In
general

Notwithstanding the incorporation by reference of certain
sections of the Magnuson-Stevens Fishery Conservation and Management Act under
subsection (c), if there is a conflict between a provision of this subsection
and the corresponding provision of any section of the Magnuson-Stevens Fishery
Conservation and Management Act so incorporated, the provision of this
subsection shall apply.

(2)

Additional
enforcement authority

In addition to the powers of officers
authorized pursuant to subsection (c), any officer who is authorized by the
Secretary, or the head of any Federal or State agency that has entered into an
agreement with the Secretary under subsection (a), to enforce the provisions of
any Act to which this section applies may, with the same jurisdiction, powers,
and duties as though section 311 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1861) were incorporated into and made a part of
each such Act—

(A)

search or inspect
any facility or conveyance used or employed in, or which reasonably appears to
be used or employed in, the storage, processing, transport, or trade of fish or
fish products;

(B)

inspect records
pertaining to the storage, processing, transport, or trade of fish or fish
products;

(C)

detain, for a
period of up to 5 days, any shipment of fish or fish product imported into,
landed on, introduced into, exported from, or transported within the
jurisdiction of the United States, or, if such fish or fish product is deemed
to be perishable, sell and retain the proceeds therefrom for a period of up to
5 days;

(D)

make an arrest, in
accordance with any guidelines which may be issued by the Attorney General, for
any offense under the laws of the United States committed in the person’s
presence, or for the commission of any felony under the laws of the United
States, if the person has reasonable grounds to believe that the person to be
arrested has committed or is committing a felony;

(E)

search and seize,
in accordance with any guidelines that are issued by the Attorney General;
and

(F)

execute and serve
any subpoena, arrest warrant, search warrant issued in accordance with rule 41
of the Federal Rules of Criminal Procedure, or other warrant or civil or
criminal process issued by any officer or court of competent
jurisdiction.

(3)

Disclosure of
enforcement information

The
Secretary may disclose, as necessary and appropriate, information, including
information collected under joint authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 71 et seq.) or the Western and Central
Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.) or
other statutes implementing international fishery agreements, to any other
Federal or State government agency, the Food and Agriculture Organization of
the United Nations, the secretariat or equivalent of an international fishery
management organization or arrangement made pursuant to an international
fishery agreement, or a foreign government, if—

(A)

such government,
organization, or arrangement has policies and procedures to protect such
information from unintended or unauthorized disclosure; and

(B)

such disclosure is
necessary—

(i)

to
ensure compliance with any law or regulation enforced or administered by the
Secretary;

(ii)

to administer or
enforce any international fishery agreement to which the United States is a
party;

(iii)

to administer or
enforce a binding conservation measure adopted by any international
organization or arrangement to which the United States is a party;

(iv)

to assist in any
investigative, judicial, or administrative enforcement proceeding in the United
States; or

(v)

to
assist in any law enforcement action undertaken by a law enforcement agency of
a foreign government, or in relation to a legal proceeding undertaken by a
foreign government.

(e)

Prohibited
acts

It is unlawful for any person—

(1)

to violate any
provision of this Act or any regulation or permit issued pursuant to this
Act;

(2)

to refuse to
permit any officer authorized to enforce the provisions of this Act to board,
search, or inspect a vessel, aircraft, vehicle, or shoreside facility subject
to such person’s control for the purposes of conducting any search,
investigation, or inspection in connection with the enforcement of this Act,
any regulation promulgated under this Act, or any Act to which this section
applies;

(3)

to forcibly
assault, resist, oppose, impede, intimidate, or interfere with any such
authorized officer in the conduct of any search, investigation, or inspection
described in paragraph (2);

(4)

to resist a lawful arrest for any act
prohibited by this section or any Act to which this section applies;

(5)

to interfere with, delay, or prevent, by
any means, the apprehension, arrest, or detection of an other person, knowing
that such person has committed any act prohibited by this section or any Act to
which this section applies; or

any observer on a
vessel under this Act or any Act to which this section applies; or

(B)

any data collector
employed by the National Marine Fisheries Service or under contract to any
person to carry out responsibilities under this Act or any Act to which this
section applies.

(f)

Civil
penalty

Any person who commits any act that is unlawful under
subsection (e) shall be liable to the United States for a civil penalty, and
may be subject to a permit sanction, under section 308 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1858).

(g)

Criminal
penalty

Any person who commits an act that is unlawful under
subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is deemed to be guilty of
an offense punishable under section 309(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1859(b)).

(h)

Utilization of
Federal agency
assets

.

(b)

Actions To
improve the effectiveness of international fishery management
organizations

Section 608 of such Act (16 U.S.C. 1826i) is
amended by—

(1)

inserting before
the first sentence the following: (a)
In
general.—;

(2)

in subsection (a)
(as designated by paragraph (1) of this subsection) in the first sentence,
inserting , or arrangements made pursuant to an international fishery
agreement, after organizations; and

(3)

adding at the end
the following new subsections:

(b)

Disclosure of
information

The Secretary may
disclose, as necessary and appropriate, information, including information
collected under joint authority of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention
Act of 1975 (16 U.S.C. 71 et seq.), the Western and Central Pacific Fisheries
Convention Implementation Act (16 U.S.C. 6901 et seq.), any other statute
implementing an international fishery agreement, to any other Federal or State
government agency, the Food and Agriculture Organization of the United Nations,
or the secretariat or equivalent of an international fishery management
organization or arrangement made pursuant to an international fishery
agreement, if such government, organization, or arrangement, respectively, has
policies and procedures to protect such information from unintended or
unauthorized disclosure.

(c)

IUU vessel
lists

The Secretary may—

(1)

develop, maintain, and make public a list
of vessels and vessel owners engaged in illegal, unreported, or unregulated
fishing or fishing-related activities in support of illegal, unreported, or
unregulated fishing, including vessels or vessel owners identified by an
international fishery management organization or arrangement made pursuant to
an international fishery agreement, that—

(A)

the United States
is party to; or

(B)

the United States
is not party to, but whose procedures and criteria in developing and
maintaining a list of such vessels and vessel owners are substantially similar
to such procedures and criteria adopted pursuant to an international fishery
agreement to which the United States is a party; and

(2)

take appropriate
action against listed vessels and vessel owners, including action against fish,
fish parts, or fish products from such vessels, in accordance with applicable
United States law and consistent with applicable international law, including
principles, rights, and obligations established in applicable international
fishery management agreements and trade agreements.

(d)

Regulations

The
Secretary may promulgate regulations to implement this
section.

.

(c)

Notification
regarding identification of nations

Section 609(b) of such Act
(166 U.S.C. 1826j(b)) is amended to read as follows:

(b)

Notification

The
Secretary shall notify the President and that nation of such an
identification.

.

(d)

Nations
identified under section 610

Section 610(b)(1) of such Act (16
U.S.C. 1826k(b)(1)) is amended to read as follows:

(1)

notify, as soon as possible, the President
and nations that have been identified under subsection (a), and also notify
other nations whose vessels engage in fishing activities or practices described
in subsection (a), about the provisions of this section and this
Act;

.

(e)

Effect of
certification under section 609

Section 609(d)(3)(A)(i) of such
Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended by striking that has not
been certified by the Secretary under this subsection, or.

(f)

Effect of
certification under section 610

Section 610(c)(5) of such Act (16
U.S.C. 1826k(c)(5)) is amended by striking that has not been certified
by the Secretary under this subsection, or.

(g)

Identification
of nations

(1)

Scope of
identification for actions of fishing vessels

Section 609(a) of
such Act (16 U.S.C. 1826j(a)) is amended—

(A)

in the matter
preceding paragraph (1) by striking 2 years and inserting
3 years;

(B)

in paragraph (1),
by inserting that undermines the effectiveness of measures required by
an international fishery management organization, taking into account
whether after (1); and

(C)

in paragraph (1),
by striking vessels of.

(2)

Additional
grounds for identification

Section 609(a) of such Act (16 U.S.C.
1826j(a)) is further amended—

(A)

by redesignating
paragraphs (1) and (2) in order as subparagraphs (A) and (B) (and by moving the
margins of such subparagraphs 2 ems to the right);

(B)

by inserting
before the first sentence the following:

(1)

Identification
for actions of fishing vessels

;
and

(C)

by adding at the
end the following:

(2)

Identification
for actions of nation

Taking
into account the factors described under section 609(a)(1), the Secretary shall
also identify, and list in such report, a nation—

(A)

if it is
violating, or has violated at any point during the preceding three years,
conservation and management measures required under an international fishery
management agreement to which the United States is a party and the violations
undermine the effectiveness of such measures; or

(B)

if it is failing,
or has failed in the preceding 3-year period, to effectively address or
regulate illegal, unreported, or unregulated fishing in areas described under
paragraph (1)(B).

(3)

Application to
other entities

Where the provisions of this Act are applicable to
nations, they shall also be applicable, as appropriate, to other entities that
have competency to enter into international fishery management
agreements.

.

(3)

Period of
fishing practices supporting identification

Section 610(a)(1) of
such Act (16 U.S.C. 1826k(a)(1)) is amended by striking calendar
year and replacing with three years.

Section 609(d)(1)
of such Act (16 U.S.C. 1826j(d)(1)) is amended by striking of its
fishing vessels.

(3)

Section
609(d)(1)(A) of such Act (16 U.S.C. 1826j(d)(1)(A)) is amended by striking
of its fishing vessels.

(4)

Section 609(d)(2)
of such Act (16 U.S.C. 1826j(d)(2)) is amended—

(A)

by striking
for certification and inserting to
authorize;

(B)

by inserting
the importation after or other basis;

(C)

by striking
harvesting; and

(D)

by striking
not certified under paragraph (1) and inserting issued a
negative certification under paragraph (1).

(5)

Section 610 of
such Act (16 U.S.C. 1826k) is amended as follows:

(A)

In subsection
(a)(1), by striking practices; and inserting
practices—.

(B)

In subsection (c)(1)(A), by striking
, and which, in the case of pelagic longline fishing, includes mandatory
use of circle hooks, careful handling and release equipment, and training and
observer programs.

(C)

In subsection
(c)(4), by striking all preceding subparagraph (B) and inserting the
following:

(4)

Alternative
procedure

The Secretary may
establish a procedure to authorize, on a shipment-by-shipment,
shipper-by-shipper, or other basis the importation of fish or fish products
from a vessel of a nation issued a negative certification under paragraph (1)
if the Secretary determines that such imports were harvested by practices that
do not result in bycatch of a protected marine species, or were harvested by
practices that—

(A)

are comparable to
those of the United States, taking into account different conditions;
and

in subsection
(a)(2), by striking recognized principles of after in
accordance with;

(2)

in subsection
(a)(2)(A), by inserting or, as appropriate, for fishing vessels of a
nation that receives a negative certification under section 609(d) or section
610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826) after (1);

(3)

in subsection (a)(2)(B), by inserting
before the period the following: , except for the purposes of inspecting
such vessel, conducting an investigation, or taking other appropriate
enforcement action;

(4)

in subsection
(b)(1)(A)(i), by striking or illegal, unreported, or unregulated
fishing after driftnet fishing;

(5)

in subsection (b)(1)(B) and subsection
(b)(2), by striking or illegal, unreported, or unregulated
fishing after driftnet fishing each place it
appears;

(6)

in subsection
(b)(3)(A)(i), by inserting or a negative certification under section
609(d) or section 610(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d), 1826k(c)) after
(1)(A);

(7)

in subsection
(b)(4)(A), by inserting or issues a negative certification under section
609(d) or section 610(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d), 1826k(c)) after paragraph
(1);

(8)

in subsection
(b)(4)(A)(i), by striking or illegal, unreported, or unregulated
fishing after driftnet fishing; and

(9)

in subsection
(b)(4)(A)(i), by inserting , or to address the offending activities for
which a nation received a negative certification under section 609(d) or 610(c)
of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(d), 1826k(c)) after beyond the exclusive economic zone of
any nation.

(b)

Duration of
negative certification effects

Section 102 of such Act (16 U.S.C.
1826b) is amended by—

(1)

striking or
illegal, unreported, or unregulated fishing; and

(2)

inserting
or effectively addressed the offending activities for which the nation
received a negative certification under 609(d) or 610(c) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d),
1826k(c)) before the period at the end.

103.

Amendments to
North Pacific Anadromous Stocks Act of 1992

(a)

Unlawful
activities

Section 810 of the North Pacific Anadromous Stocks Act
of 1992 (16 U.S.C. 5009) is amended—

(1)

in paragraph (5),
by inserting , investigation, after search;
and

(2)

in paragraph (6),
by inserting , investigation, after
search.

(b)

Additional
prohibitions and enforcement

Section 811 of the Northern Pacific
Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is amended to read as
follows:

811.

Additional
prohibitions and enforcement

For additional prohibitions relating to this
Act and enforcement of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826g).

by striking
sections 7 and 8 (16 U.S.C. 973e and 973f) and inserting the following:

7.

Additional
prohibitions and enforcement

For additional prohibitions relating to this
Act and enforcement of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826g).

.

107.

Amendments to
the Antarctic Marine Living Resources Convention Act

The Antarctic Marine Living Resources
Convention Act of 1984 is amended—

(1)

in section 306 (16
U.S.C. 2435)—

(A)

in paragraph (3),
by striking which he knows, or reasonably should have known,
was;

(B)

in paragraph (4),
by inserting , investigation, after search;
and

(C)

in paragraph (5),
by inserting , investigation, after
search;

(2)

in section 307 (16
U.S.C. 2436)—

(A)

by inserting
(a) In
general.— before the first sentence; and

(B)

by adding at the
end the following:

(b)

Regulations To
implement conservation measures

(1)

In
general

Notwithstanding subsections (b), (c), and (d) of section
553 of title 5, United States Code, the Secretary of Commerce may publish in
the Federal Register a final regulation to implement any conservation measure
for which the Secretary of State notifies the Commission under section
305(a)(1)—

(A)

that has been in
effect for 12 months or less;

(B)

that is adopted by
the Commission; and

(C)

with respect to
which the Secretary of State does not notify Commission in accordance with
section 305(a)(1) within the time period allotted for objections under Article
IX of the Convention.

(2)

Entering into
force

Upon publication of such regulation in the Federal
Register, such conservation measure shall enter into force with respect to the
United States.

;
and

(3)

by striking
sections 308 and 309 (16 U.S.C. 2437 and 2438) and inserting the
following:

308.

Additional
prohibitions and enforcement

For additional prohibitions relating to this
Act and enforcement of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826g).

.

108.

Amendments to
the Atlantic Tunas Convention Act

The Atlantic Tunas Convention Act of 1975 is
amended—

(1)

in section 6(c)(2)
(16 U.S.C. 971d(c)(2)(2))—

(A)

by striking
(A) and inserting (i);

(B)

by striking
(B) and inserting (ii);

(C)

by inserting
(A) after (2); and

(D)

by adding at the
end the following:

(B)

Notwithstanding the requirements of
subparagraph (A) and subsections (b) and (c) of section 553 of title 5, United
States Code, the Secretary may issue final regulations to implement Commission
recommendations referred to in paragraph (1) concerning trade restrictive
measures against nations or fishing
entities.

For additional prohibitions relating to
this Act and enforcement of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826g).

;

(4)

in section 8(b) by
striking the enforcement activities specified in section 8(a) of this
Act each place it appears and inserting enforcement activities
with respect to this Act that are otherwise authorized by law;
and

in paragraph (a)
by redesignating subparagraphs (1) through (6) as subparagraphs (A) through
(F);

(2)

by redesignating
paragraphs (a) and (b) as paragraphs (1) and (2), respectively;

(3)

by in paragraph
(1)(B), as so redesignated, by inserting , investigation, before
or inspection;

(4)

by in paragraph
(1)(C), as so redesignated, by inserting , investigation, before
or inspection;

(5)

in paragraph
(1)(E), as so redesignated, by striking or after the semicolon;
and

(6)

in paragraph
(1)(F), as so redesignated, by striking section. and inserting
section; or.

(b)

Enforcement
powers

Section 11 of the Northern Pacific Halibut Act of 1982 (16
U.S.C. 773i) is amended by adding at the end the following:

(g)

In addition to the
powers of officers authorized pursuant to subsection (b), any officer who is
authorized by the Secretary, or by the head of any Federal or State agency that
has entered into an agreement with the Secretary under subsection (a), to
enforce the Convention, this Act, or any regulation adopted under this Act,
may—

(1)

search or inspect
any facility or conveyance used or employed in, or which reasonably appears to
be used or employed in, the storage, processing, transport, or trade of fish or
fish products;

(2)

inspect records
pertaining to the storage, processing, transport, or trade of fish or fish
products; and

(3)

detain, for a
period of up to 5 days, any shipment of fish or fish product imported into,
landed on, introduced into, exported from, or transported within the
jurisdiction of the United States, or, if such fish or fish product is deemed
to be perishable, sell and retain the proceeds therefrom for a period of up to
5
days.

in the section
heading, by striking and
penalties and inserting and enforcement;

(2)

in subsection
(a)(2), by inserting , investigation, before or
inspection;

(3)

in subsection
(a)(3), by inserting , investigation, before or
inspection; and

(4)

by striking
subsections (b) through (f) and inserting the following:

(b)

Additional
prohibitions and enforcement

For additional prohibitions relating to
this Act and enforcement of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826g).

.

113.

Amendment to
the Magnuson-Stevens Fishery Conservation and Management Act

Section 307(1)(Q) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1857(1)(Q)) is amended by
inserting before the semicolon the following: or any treaty or in
contravention of any binding conservation measure adopted by an international
agreement or organization to which the United States is a party.

114.

International
cooperation and assistance

(a)

International
cooperation and assistance

The Secretary of Commerce, acting through
the National Marine Fisheries Service, may engage in international cooperation
and provide assistance, including grants, to help other nations achieve
sustainable fisheries.

(b)

Authorized
activities

In providing
assistance to other nations, the Secretary may—

(1)

provide funding
and technical expertise to other nations to assist them in addressing illegal,
unreported, or unregulated fishing activities;

(2)

provide funding
and technical expertise to other nations to assist them in reducing the loss
and environmental impacts of derelict fishing gear, reducing the bycatch of
living marine resources, and promoting international marine resource
conservation;

(3)

provide funding,
technical expertise, and training to other nations to aid them in building
capacity for enhanced fisheries management, fisheries monitoring, catch and
trade tracking activities, enforcement, and international marine resource
conservation;

(4)

establish partnerships with other Federal
agencies or non-governmental organizations, as appropriate, to ensure that
fisheries development assistance to other nations is directed toward projects
that promote sustainable fisheries; and

(5)

conduct outreach
and education efforts in order to promote public and private sector awareness
of international fisheries sustainability issues, including the need to combat
illegal, unreported, or unregulated fishing activity and to promote
international marine resource conservation.

(c)

Guidelines

The
Secretary may establish guidelines necessary to implement this section.

II

Implementation of
the Antigua Convention

201.

Short
title

This title may be cited
as the Antigua Convention Implementing Act of 2011.

202.

Amendment of
the Tuna Conventions Act of 1950

Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the Tuna
Conventions Act of 1950 (16 U.S.C. 951 et seq.).

203.

Definitions

Section 2 (16 U.S.C. 951) is amended to read
as follows:

2.

Definitions

In this Act:

(1)

Antigua
convention

The term Antigua Convention means the
Convention for the Strengthening of the Inter-American Tropical Tuna Commission
Established by the 1949 Convention Between the United States of America and the
Republic of Costa Rica, signed at Washington, November 14, 2003.

(2)

Commission

The
term Commission means the Inter-American Tropical Tuna Commission
provided for by the Convention.

(3)

Convention

The
term Convention means—

(A)

the Convention for
the Establishment of an Inter-American Tropical Tuna Commission, signed at
Washington, May 31, 1949, by the United States of America and the Republic of
Costa Rica;

(B)

the Antigua
Convention, upon its entry into force for the United States, and any amendments
thereto that are in force for the United States; or

(C)

both such
Conventions, as the context requires.

(4)

Person

The
term person means an individual, partnership, corporation, or
association subject to the jurisdiction of the United States.

(5)

United
states

The term United States includes all areas
under the sovereignty of the United States.

(6)

United States
commissioners

The term
United States commissioners means the individuals appointed in
accordance with section
3(a).

.

204.

Commissioners;
number, appointment, and qualifications

Section 3 (16 U.S.C. 952) is amended to read
as follows:

3.

Commissioners

(a)

Commissioners

The
United States shall be represented on the Commission by 4 United States
Commissioners. The President shall appoint individuals to serve on the
Commission at the pleasure of the President. In making the appointments, the
President shall select United States Commissioners from among individuals who
are knowledgeable or experienced concerning highly migratory fish stocks in the
eastern tropical Pacific Ocean, one of whom shall be an officer or employee of
the Department of Commerce. Not more than 2 United States Commissioners may be
appointed who reside in a State other than a State whose vessels maintain a
substantial fishery in the area of the Convention.

(b)

Alternate
Commissioners

The Secretary of State, in consultation with the
Secretary, may designate from time to time and for periods of time deemed
appropriate Alternate United States Commissioners to the Commission. Any
Alternate United States Commissioner may exercise, at any meeting of the
Commission or of the General Advisory Committee or Scientific Advisory
Subcommittee established pursuant to section 4(b), all powers and duties of a
United States Commissioner in the absence of any United States Commissioner
appointed pursuant to subsection (a) of this section for whatever reason. The
number of such Alternate United States Commissioners that may be designated for
any such meeting shall be limited to the number of United States Commissioners
appointed pursuant to subsection (a) of this section who will not be present at
such meeting.

(c)

Administrative
Matters

(1)

Employment
status

Individuals serving as United States Commissioners, other
than officers or employees of the United States Government, shall not be
considered Federal employees except for the purposes of injury compensation or
tort claims liability as provided in chapter 81 of title 5, United States Code,
and chapter 171 of title 28, United States Code.

(2)

Compensation

The
United States Commissioners or Alternate Commissioners, although officers of
the United States while so serving, shall receive no compensation for their
services as United States Commissioners or Alternate Commissioners.

(3)

Travel
expenses

(A)

The Secretary of State shall pay the
necessary travel expenses of United States Commissioners and Alternate United
States Commissioners to meetings of the Inter-American Tropical Tuna Commission
and other meetings the Secretary of State deems necessary to fulfill their
duties, in accordance with the Federal Travel Regulations and sections 5701,
5702, 5704 through 5708, and 5731 of title 5, United States Code.

(B)

The Secretary may
reimburse the Secretary of State for amounts expended by the Secretary of State
under this
subsection.

.

205.

General
Advisory Committee and Scientific Advisory Subcommittee

Section 4 (16 U.S.C. 953) is amended—

(1)

by striking
subsection (a) and inserting the following:

(a)

General Advisory
Committee

(1)

Appointments;
public participation; compensation

(A)

The Secretary, in
consultation with the Secretary of State, shall appoint a General Advisory
Committee which shall consist of not more than 25 individuals who shall be
representative of the various groups concerned with the fisheries covered by
the Convention, including nongovernmental conservation organizations, providing
to the maximum extent practicable an equitable balance among such groups.
Members of the General Advisory Committee will be eligible to participate as
members of the United States delegation to the Commission and its working
groups to the extent the Commission rules and space for delegations
allow.

(B)

The chair of the
Pacific Fishery Management Council’s Advisory Subpanel for Highly Migratory
Fisheries and the chair of the Western Pacific Fishery Management Council’s
Advisory Committee shall be ex-officio members of the General Advisory
Committee by virtue of their positions in those Councils.

(C)

Each member of the
General Advisory Committee appointed under subparagraph (A) shall serve for a
term of 3 years and is eligible for reappointment.

(D)

The General
Advisory Committee shall be invited to attend all non-executive meetings of the
United States delegation and at such meetings shall be given opportunity to
examine and to be heard on all proposed programs of investigation, reports,
recommendations, and regulations of the Commission.

(E)

The General
Advisory Committee shall determine its organization, and prescribe its
practices and procedures for carrying out its functions under this title, the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), and the Convention. The General Advisory Committee shall publish and
make available to the public a statement of its organization, practices and
procedures. Meetings of the General Advisory Committee, except when in
executive session, shall be open to the public, and prior notice of meetings
shall be made public in timely fashion. The General Advisory Committee shall
not be subject to the Federal Advisory Committee
Act (5 U.S.C. App.).

(2)

Information
sharing

The Secretary and the Secretary of State shall furnish
the General Advisory Committee with relevant information concerning fisheries
and international fishery agreements.

(3)

Administrative
matters

(A)

The Secretary
shall provide to the General Advisory Committee in a timely manner such
administrative and technical support services as are necessary for its
effective functioning.

(B)

Individuals
appointed to serve as a member of the General Advisory Committee—

(i)

shall serve
without pay, but while away from their homes or regular places of business to
attend meetings of the General Advisory Committee shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same manner as
persons employed intermittently in the Government service are allowed expenses
under section 5703 of title 5, United States Code; and

(ii)

shall not be
considered Federal employees except for the purposes of injury compensation or
tort claims liability as provided in chapter 81 of title 5, United States Code,
and chapter 171 of title 28, United States
Code.

;

(2)

by striking so
much of subsection (b) as precedes paragraph (2) and inserting the
following:

(b)

Scientific
Advisory Subcommittee

(1)

The Secretary, in
consultation with the Secretary of State, shall appoint a Scientific Advisory
Subcommittee of not less than 5 nor more than 15 qualified scientists with
balanced representation from the public and private sectors, including
nongovernmental conservation
organizations.

;
and

(3)

in subsection (b)(3), by striking
General Advisory Subcommittee and inserting General
Advisory Committee.

206.

Rulemaking

Section 6 (16 U.S.C. 955) is amended to read
as follows:

6.

Rulemaking

(a)

Regulations

The
Secretary, in consultation with the Secretary of State and, with respect to
enforcement measures, the Secretary of the Department in which the Coast Guard
is operating, may promulgate such regulations as may be necessary to carry out
the United States international obligations under the Convention and this Act,
including recommendations and decisions adopted by the Commission. In cases
where the Secretary has discretion in the implementation of one or more
measures adopted by the Commission that would govern fisheries under the
authority of a Regional Fishery Management Council, the Secretary may, to the
extent practicable within the implementation schedule of the Convention and any
recommendations and decisions adopted by the Commission, promulgate such
regulations in accordance with the procedures established by the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.).

(b)

Jurisdiction

The
Secretary may promulgate regulations applicable to all vessels and persons
subject to the jurisdiction of the United States, including United States flag
vessels wherever they may be operating, on such date as the Secretary shall
prescribe.

.

207.

Prohibited
acts

Section 8 (16 U.S.C. 957)
is amended—

(1)

by striking section 6(c) of this
Act each place it appears and inserting section 6;
and

(2)

by adding at the
end the following:

(i)

Additional
prohibitions and enforcement

For prohibitions relating to this
Act and enforcement of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826g).

.

208.

Enforcement

Section 10 (16 U.S.C. 959) is amended to
read as follows:

10.

Enforcement

For enforcement of this Act, see section 606
of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826g).